Or. Admin. R. 340-122-0100

Current through Register Vol. 63, No. 6, June 1, 2024

Section 340-122-0100 - Public Notice and Participation

(1) The Department may solicit public input for any of the activities specified in OAR 340-122-0050. Such input may include, but is not limited to, information related to:

(a) Current and reasonably likely land use;

(b) Current and reasonably likely beneficial uses of water;

(c) Ecological assessment endpoints; and

(d) Remedial action goals.

(2) The Department shall, prior to selection or approval of a remedial action:

(a) Provide notice and opportunity for comment and a public meeting regarding the proposed remedial action, in accordance with ORS 465.320; and

(b) Make a reasonable effort to identify and notify interested and affected community organizations and other parties.

(3) Any notice under section (2) of this rule shall include but not be limited to a brief description of the Department's proposed remedial action alternative, if known, and information regarding where a copy of the full proposal may be inspected and copied.

(4) The Director shall consider any comments received during the public comment period and any public meeting before approving the remedial action.

(5) In the Director's discretion, the Department may provide public notice and opportunity for comment and a public meeting regarding a proposed removal and shall consider any comments received during such public comment period or public meeting.

(6) Agency records concerning removal or remedial actions and related investigations shall be made available to the public in accordance with ORS 192.410 to 192.505, subject to exemptions to public disclosure, if any, under ORS 192.501 and 192.502. The Department shall maintain and make available for public inspection and copying a record of pending and completed removals, remedial actions, and related investigations, to be located at the headquarters or regional offices of the Department.

Or. Admin. R. 340-122-0100

DEQ 26-1988, f. & cert. ef. 9-16-88; DEQ 29-1990, f. & cert. ef. 7-13-90; DEQ 2-1997, f. & cert. ef. 2-7-97

Stat. Auth.: ORS 465.400(1), ORS 465.405, ORS 466 & ORS 468.020

Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900, ORS 466.706 - ORS 466.835 & ORS 466.895